investor-state disputes | ISDS


Enagás redoubles its fight with the Peruvian Government to recover 400 million invested in a gas pipeline
Enagás considers that the future dividends of this project amount to 186 million dollars that would be added to the almost 400 million that it hopes to recover from the other arbitration.
ICSID tribunals fail to address the imbalance between sustainable development principles and investment protections
The analysis of the existing approach adopted by tribunals does not give rise to much hope of ICSID tribunals’ ability to understand and apply the principle of sustainable development.
They concern you more than you know: On the perils and potential of international investment agreements for the Agreement on Trade-Related Aspects of Intellectual Property Rights and COVID-19 discussions at the World Trade Organization
Talks on a possible COVID-19-related TRIPS decision aimed at scaling up vaccine and therapeutics production and equitable distribution continue but investment agreements are absent from them.
Spain held liable in another renewable energy case and ordered to pay EUR 22 million in compensation for damages
In a final award, dated January 25, 2021, an ICSID tribunal ordered Spain to pay damages to German investors in compensation for the clawback of a subsidy regime.
Energy Charter Treaty: stalled reform fuels EU fears for climate
European governments are losing patience in talks to modernise the controversial Energy Charter Treaty (ECT), according to leaked documents.
Reko Diq: How fair is international arbitration in investment disputes?
Pakistan ill-fatedly lost its multi-billion dollar, regarding probably the world’s largest copper-gold deposit.
Parliament of Sierra Leone ratifies Marampa Mines’ large-scale mining agreement
The ratification sees the ICSID arbitration between Sierra Leone and Gerald International Limited/SL Mining Limited being withdrawn and discontinued.
Croatia to pay €40m to US investment company to settle 20-year-old dispute
The Croatian government okayed the out-of-court settlement between Croatia and the American Colgate McCallum investment management company, which will see Croatia pay €40m to the company.
The tale of the dead oil pipeline and the zombie trade agreement
The Keystone XL (KXL) pipeline was back in the news last week for a couple of reasons.
Shadow courts for fossil fuels want a green makeover
Under the Energy Charter Treaty, investors can sue governments for loss of future profits. Champions say this will be an ‘indispensable tool’ for the green transition.